The High Income Exemption from the 186 Age Limit: How Earnings Are Counted

The 186 visa has an age limit of 45 at the time of application. One of the most useful exemptions is for high earning 457 and 482 workers in the TRT stream, measured against the Fair Work high income threshold (FWHIT). See our 186 visa exemptions page for the full list.

Who qualifies

Under the Department’s instructions, a 457 or 482 worker applicant is someone who, for at least 2 of the 3 years immediately before applying, was employed by their nominator in the nominated occupation, held a 457 or 482 visa, and had annual earnings at least equal to the FWHIT that applied at the end of each year. The two years do not have to be consecutive.

---

The FWHIT figures

The FWHIT is set under the Fair Work Act and indexed every 1 July. Each year you rely on is tested against the threshold that applied at the end of that year, so you may need older figures as well as the current one. We keep the current and past amounts on our Fair Work high income threshold page.

---

How each year is tested

Count back from the day you apply. Each one-year period is measured back from the application date, and tested against the FWHIT in force at the end of that period. The Department’s worked example is an application lodged on 28 October 2021, with three years running 28 October to 27 October, each tested against the threshold applying at its end.

---

What counts as earnings

Included	Excluded
Wages, including allowances and salary packaged amounts	Commissions, bonuses and incentive payments that cannot be worked out in advance
Amounts paid on your behalf or at your direction	Overtime that is not guaranteed
The agreed money value of non-monetary benefits, such as a private use car	Expense reimbursements and the employer’s compulsory super

---

Associated entities and overseas sponsors

Time with an associated entity of the nominator in the nominated occupation can count. Where an overseas business set up the Australian nominator, time with the overseas standard business sponsor can count as time with the same employer. Note the Department’s instructions refer to 457 and 482 TSS visas. If your time was on a 482 Skills in Demand visa, check how the current instrument applies to you.

---

What you should do now

• Gather your payslips: collect contracts, PAYG summaries and payslips for every year you rely on.
• Work out the periods: count back from your planned application date in one-year blocks.
• Check each year: compare base salary and guaranteed amounts, not bonuses, against the FWHIT for that year.
• Remember English: the exemption covers age only. Competent English is still required.